Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 28-10-2015

 

Resolution No.(116): “Sharia Ruing on Paying a Compensation to Partners“

Date: 4/9/1427 AH, corresponding to 27/9/2006 AD.

 

The Board received the following question:

In 1999, a person assumed operating a land in which he was a partner and which was irrigated free by a natural flow of a spring water. In 1994, the Water Authority of Jordan drew out its water shares in that spring in order to deliver them to residential areas. As a result, he was forced to purchase plastic pipes and a generator to pump the water to his land. In 2001, he and his partners filed a suit against the Water Authority of Jordan because of the harm inflicted on them. However, his partners didn`t cover any expenses concerning that lawsuit because the lawyer was supposed to receive a percentage from the compensation, so he had to cover all the expenses on his own. After filing that suit, his partners proposed selling their shares in that land to him, and he agreed and the deal was concluded. In February of 2006, the court ruled that the Water Authority of Jordan pays a compensation to the land owners because its value as irrigated land differed from its value as unirrigated land. On its part, the Water Authority of Jordan did pay the compensation and ordered the Lands Registration Department to transfer that land from irrigated into unirrigated. Is that person entitled to take that compensation for himself because he is the only one who was inflicted with harm while operating the land and after purchasing it as it was changed from irrigated into unirrigated, or is that compensation the right of all his partners?

Answer: All success is due to Allah

The Board is of the view that all partners are entitled to receive the compensation, and the above person`s purchase of their shares doesn`t deny them their right in the compensation since he did so after the suit was filed.

Besides, his partners sold him their shares after the price of the land had decreased. However, the Board sees that he is entitled to claim the costs, which he paid for buying the plastic pipes and the generator, from them. And Allah Knows Best.

 

 

The Iftaa' Board

        Chairman of The Iftaa' Board

            Chief Justice/ Dr.Ahmad Hlyaal

                    Sheikh AbdelKareem Al-Khasawneh

Dr. Yousef Ali  Ghythan

                                                                 Dr. Wasif Al-Bakhri

                                                                 Sheikh Saeed Hijawii

Sheikh Naeem Mujahid

                                                                 Dr. Yaser Al-Shamali

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

 
Islamic creed is a comprehensive creed, and if there is any defect, the creed of the individual or group is not correct. Is the creed of the Sufis correct or not?

Sufism is the practice of applying knowledge; this is how Al-Imam Al-Sha'rani defined it. If some among them have deviations in creed, it is not permissible to generalize this to all Sufis, as there are those among them who are acknowledged by all scholars for their knowledge and virtue. And Allah The Almighty Knows Best.

What is permissible for the husband to do as far as having sex with his wife is concerned?

The couple are free to enjoy each other sexually provided that they don`t do it during menses. It is also forbidden for the husband to enjoy the wife from her anus.

What is the ruling when the monthly period when exceeding (15) days?

The maximum duration of menstruation is 15 days. If it exceeds this, it is considered irregular bleeding (Istihada). In this case, one must perform ghusl (Ritual bath) after menstruation, pray, and make wudu for each prayer after its time begins. She should return to her previous menstrual habit regarding duration and timing. For example, if her period used to be from the 20th to the 27th of each month, this is considered her menstruation period. Anything before or after this is Istihada, during which she only leaves prayer and fasting for the habitual menstrual days, then performs ghusl and resumes praying.

How should I deal with the whispers of the devil with regard to ablution and purity?

Whispers in ablution are from the devil, and so you should take refuge in Allah from the devil`s evil suggestions that aim to distort the religion. Thus, once an organ is completely pure, don`t question its purity since having whispers doesn`t mean that the purity is invalid as it has already been established.